08 Feb ONGOING OR NON-ONGOING ENFORCEMENT PROCEEDINGS THROUGH THE CASHING OF THE MORTGAGE
When the pledged creditor is authorized to request the sale to him, he may request the sale of the immovable pledge within two years from the date of notification of the payment order to him. To convert the pledged property into money, the debtor or the pledged property is in the presence of the creditor 3. One can also ask for it. If the payment order has been challenged and then the court has been contacted to file a lawsuit for the cancellation of the appeal decision or the appeal, the time until the cancellation decision is finalized is not included in the calculation of the sales prompt period mentioned above. If a third party has given the pledge, the start of the sales request period is the date on which the payment order was notified to the debtor or whichever third party was notified later. The prescribed 2-year period is the period of entitlement reduction. If the sale is not requested during this period, the follow-up will be reduced. However, since there is nothing to the pledge right, that is, since this right remains, a follow-up can be made by converting the pledge back into money.
The execution department carries out the operation of the pledged real estate. The ones formed after the request for the sale of the crops of the immovable property are considered to be included in the scope of the pledge. If a mortgage is established on more than one real estate for the same receivable, the creditor must request the sale of all of them. If the creditor does not make a request in this way, the follow-up can be canceled through a complaint. Upon request for sale, the enforcement department makes its preparations. 3. Participating in the auction He learns the immovable information of people in this preparation. These are the processes we are talking about as preparation; -announcement of the auction, -preparation of its specification, -preparation of the list of taxpayers, etc. Is.
In order for the mortgaged real estate to be tendered to the buyer on the day of auction, the offered price must be 60% of the estimated value of the real estate. And if there are priority priority rights secured by this real estate, the offer made must be more than the sum of the receivables of these creditors, and also cover the costs of sale and distribution. If these conditions do not occur, the first auction will be inconclusive and the second auction will be raised. The price offered at the second auction should be 40% of the estimated value, if there are priority priority rights secured for this real estate, the offer made should be more than the sum of the receivables of these creditors, and also cover the costs of sale and distribution. If a tender has been made contrary to the first and second auction conditions, the tender may be terminated by complaint without adhering to any deadline.
The distribution of funds after the sale is made in the form of decoupling the pledge between the creditors after the sale amount and the follow-up costs are deducted. If the sale amount does not meet the receivables of all mortgaged creditors, the bailiff will issue a queue and a share ruler.
In the principal mortgage; expenses for principal receivables and muaccel interest are included; in the upper limit mortgage, both principal receivables and contractual and late interest, as well as court and enforcement expenses are covered by the mortgage only provided that they do not exceed the amount of receivables registered in the land registry. If the receivables that are not covered are listed as ordinary receivables.
If the debtor of a mortgage-secured and overdue loan submits to the enforcement agency that his creditor is jul and the settlement is unknown, or that he refuses to receive the debt and solve the mortgage, the enforcement agency will arrive at the apartment within fifteen days to receive the money and duly notify the creditor to solve the mortgage. If the creditor does not come within this period or comes and refuses to take the money and solve the mortgage without declaring a valid reason by law, if the debtor deposits the debt completely in the enforcement agency, the executive court decides that the money given will be paid on behalf of the creditor and the mortgage registration will be abandoned. This decision is notified to the land registry office and transferred to the register of mortgaged real estate.
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